Telegram-herald., 1887-04-14
BROCK lSA FREE MAN
TIE gPInai o. Iaasl PlaaIH.


1H1 G3t< 81 AXI8<k 0fo&4t <A3t 80 ~4~st
eonzitfisx "a s..als sish iassut ~ a
zrs&t bodilg haxm sa Jska bork. . nsisn-
Ter. s2ms sp u tas eeD<xtor Court yes,eF-
-4g aernins sna 10 s.s tsrAaFgst cn an
orser fron Ja1xs Pszrish- fhs f.cls IA tbs
eazs have b@sa pasii>hsd saiLs recszsiy,
4za Is = seil knssa th.f sh0rtls after
afiazinx kLa 54ek fosn Ghiezso hs wss
Z. Fsa 1a sxzzsins<ioa IA Folies Coars ksa
hoaasi sser lor traa. When tbs exss eanle
np yssseni4y 1Tos1s eossAssi. gadse host,
Jona A. fziF1eld Aad Z a. Dzpp<r. sfi-
tered = Plea ia eazr because os Al oDee
Aeea Erssl ksr ths ofze8sz ea2Ess4- TIE
4solicn was arrasd All s.1bnalfsed, aosi
Judge faErisa, II Fezstsrsas his Spiniohs
saa
we hs.s "A shs CsasGlGufioa % tAis
state he Unifzi sszsss and otAeE States a
pfoshlCn. sn express kFoElsioa to2t snsa
sll4li he1 De twice Ds1 IA ieopartY toF tie
skms cEiMs. Lhak . pa besore lary for
trial fox Ebe s4Iss otenss > secoad tine.
Ihis pFoFisloa Nzs t<ksn ffoHz the baxish
Constitutes, Il = - ga - the his. raas
away back % tlss fself6A ernturY. lt vas
ineorporziek IN wh4s = knssa IS Magma
Charts. In EnziaDd lAey nevef have ns~
trials. they don't sFsat a Hsw uiAl at al. II
=
tzksa - the raliag Of tbs Co.zt On scsne
la9 qsiesfloa. II Is considered 81 the eourts.
gees ap taFoaxa several courts and hnsliy
scfs before Ias great council OF The State.
add II they 90 k0okine tiie whole thing
over. c0nci4do that 1au has oeen I'm
proP<siy eonxieses2 sad p0t really guilty.
reeoaznis1dAtioa goes 20 tAe executive a1-
ta0ririzs and q pardon - granted recon
mensi>i BY ths Jud<rs AID s0ntstinss by
49, - -
with rsfersDce To this clause ia the Eeg-
Lsa ConsEiEutioa- wAieh Ne have incorpo-
rzsed into oars. hat 30 man can be tried :
secOnd tine IL be has hsd q fair tFis5 before
. ury. Bak in this country tt frequently
happens n nau Is tired ak or seven tines
on sou1c little technicaiity The case . tried
and TIE court nzxes s0sns error N ruling
on law qss<sticgs and goes % The suprems
C0urt, . 7sw trial = granted and the case
other error arises.
wow N this case there is no question
bat this man had before the Police Court
"a examlaariou- T1e Police Court cersi-
des that the complaining witness was ex-
amLned and bis testimony taken down. bat
it appears fCr some reason or other he neg
lected 10 n<n bis testimony. Now. On this
tschnicsIity the Supreme Court have said
the trial Was irregular and bare discharged
compliant Is made precisely hxe the former
and another examination had. the same
witness sworn and The testimony is almost
precisely copy Of the former testimony.
And there - only this difference,
the last examination WIS signed By
the complaining witness this former te.-
tinony was not signed. Nv impression is
the English rule IS much better than the
rule se hsve bad here Instead Of looking
- rsef-. Ies.-.
trials. they should look into the whole case.
ss they had an opportunity in this casesnd
see whether any injustice has been done.
But thar = not The course they pursue in
this country now. have here on record
~ this court sn order from the Supreme
Court and absolute discharge OF this re-
sDondent on the one hand; on the other
have from the Tortltrc<St,sss Reporter what
parporss 20 be an opinion Of the Supreme
Court-nothing Official about il. IL pur-
ports 10 &c an opinion IN which in the LAST
paragraph they use the heexpression that this
viii not prevent further proceedings in the
ease" Now. Judge Sherwood dissents from
that. and the case probably. IL Il should be
retired would 90 10 the Supreme Court
again, and what ths dscision would be We
don't know.
This is an unfortunats case, one that
does not call upon the Court for any strict
tfttrAEt4t a<3I VI t&1 8nAc>1 " row tkS(sit
what IL 10. This man has been in jail long
time. and has . family which Is now sup
ported at theexpenss of the County Of Kent
or the City fos Grand Rapids. five or six
children and q wife nearly insane and no
money. And smother trial would involve
The county in considerable expense and,
under the circumstances. ss a mercy TO the
people OF the county Of Kent. and as think
serving the ends Of justice. have concluded
20 hold that this IL an o53er dsstBBt Of the
supreme Court. nothing binding on this
Court. a. aprears from the records here, and
the defendant will De discharged"
This ending OF the care gives Brock bis
fssedoa. and The county Is saved con-
siderable expense. The crime with
which he was charged is Sc
rious one. ga bis victim has suffered
much from the loss Of biz hand. bot the
punishment be has already received Ia se-
we're. Besides serving several months in
sil. BE hse ss,1idcsd his bone in order 10
obtain means 10 pay for his defense in the
csse. and now be must begin life anew al
most . psnniless begxsr with wife and
fsn8iiv - supporf. People eoatinue n crit
icise thu seton Of the ofiIceFs in brinxinx
8fock back from Chicago. as IL has entailed
= great expense q the county a. well as to
Brock. Prosscafinx Affcruey CLAY made
strong 6rbt srsinst the motion to discharge.
bet wss unable 80 induce the Court TO DENY
she motion . discAaFgs.